EMCG v Department for Communities (IS) (Modification of instructions) [2019] NICom 5 (05 April 2019)

EMCG v Department for Communities (IS) (Modification of instructions) [2019] NICom 5 (05 April 2019)

The appeal tribunal erred in law by concluding that the appellant's father, an officer of the Department, lacked authority to modify the appellant's duty to disclose. On the facts, the father's actions and representations constituted a modification of the duty, and the appellant was entitled to rely on them. However, a continuing duty to disclose arose when it should have become apparent to the appellant that the information had not been passed on, specifically after a reasonable period when no reduction in benefit occurred.

Citation
[2019] NICom 5
Parties
Appellant: EMcG; Respondent: Department for Communities
Jurisdiction
Northern Ireland
Judgment Date
05 April 2019
Procedural Posture
Social Security Appeal / Application for Leave to Appeal and Appeal to Social Security Commissioner From Tribunal Decision
Outcome
Appeal allowed in part; tribunal decision set aside; substituted decision given
Legal Topics
Income Support, Overpayment Recovery, Duty to Disclose, Modification of Instructions, Authority of Department Officers
Social Security Law Income Support Overpayment Recovery Duty to Disclose Modification of Instructions Authority of Department Officers

Case Brief

Summary, issues, holding and outcome

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Parties

EMcG

Appellant

Department for Communities

Respondent

Procedural Posture

Social Security Appeal / Application for Leave to Appeal and Appeal to Social Security Commissioner From Tribunal Decision

Legal Issues

  1. 1 Whether the appellant's duty to disclose a change of circumstances was modified by oral representations from her father, an officer of the Department
  2. 2 Whether the overpayment of Income Support is recoverable from the appellant for the relevant period
  3. 3 Whether the appeal tribunal erred in law regarding the authority of the appellant's father to modify instructions

Ratio Decidendi

The appeal tribunal erred in law by concluding that the appellant's father, an officer of the Department, lacked authority to modify the appellant's duty to disclose. On the facts, the father's actions and representations constituted a modification of the duty, and the appellant was entitled to rely on them. However, a continuing duty to disclose arose when it should have become apparent to the appellant that the information had not been passed on, specifically after a reasonable period when no reduction in benefit occurred.

Court Disposition

Appeal allowed in part; tribunal decision set aside; substituted decision given

Orders

  • Decision of the appeal tribunal dated 10 February 2017 set aside as error of law.
  • Overpayment of Income Support for 18 March 2010 to 12 May 2010 is not recoverable from the appellant.